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U.S. Department of AgricultureWashington, D.C. 20250

DEPARTMENTAL REGULATION

Number:1041-001

DATE:February 8, 1993

SUBJECT:

Advisory Committee Management

OPI

Office of Personnel

1 PURPOSEThis regulation provides procedures for the establishment, operation, duration,and accessibility to the public of advisory committees under the jurisdiction of the Department.2 CANCELLATIONThis regulation supersedes DR 1041-1 dated November 13, 1989.3 POLICYa All provisions of the Federal Advisory Committee Act (5 U.S.C. App.),Title XVIII of the Food and Agriculture Act of 1977, as amended (7 U.S.C.2281 et. seq.), regulations issued by the Committee Management Secretariat of the General Services Administration (41 CFR Part 101-6) and these regulationswill apply to all advisory committees, as that term is defined in theseregulations, unless otherwise provided by law. The Department will maintaincontrol over the establishment and use of advisory committees. b Unless otherwise provided by statute or Presidential directive, advisorycommittees shall be utilized solely for advisory functions. Decisions regardingactions or policies relating to matters dealt with by an advisory committee shall be made solely by an official of the Department.4 DEFINITIONSa Act. The Federal Advisory Committee Act, as amended. b Advisory committee. A committee, subcommittee, board, commission,council, conference, panel, task force, or other similar group, or anysubcommittee or subgroup thereof, established by statute, or established or utilized by the President or any Departmental official for the purpose of obtaining advice or recommendations on issues or policies within the scope of his/her responsibilities, which are not exempt from the Federal AdvisoryCommittee Act. Refer to Section 6 for exclusions from the Act.c Committee Management Officer (CMO). The Assistant Secretary for Administration.

DR 1041-001 February 8, 1993d Nonstatutory advisory committee. An advisory committee established by Departmental authority, including those authorized by an Act of Congress.e Reestablishment of an advisory committee. The rechartering of a previously established committee after its charter has expired.f Renewal of an advisory committee. The rechartering of a previouslyestablished committee prior to the expiration of its current charter.g Secretariat. The Committee Management Secretariat of the GeneralServices Administration (GSA).h Staff member. An individual who serves in a support capacity to anadvisory committee.i Statutory advisory committee. An advisory committee established byan Act of Congress. It includes an advisory committee established by theSecretary where a statute allows no discretion as to whether the committeeshould be established. j Utilized. A committee or other group, composed in whole or in part of other than full-time Government officers or employees, which has an establishedexistence outside the Federal Government and is used as a preferred source toobtain advice or recommendations in the same manner as from an establishedadvisory committee.5 RESPONSIBILITIESa The CMO will be responsible for:(1) Exercising control and supervision over the establishment, procedures, and accomplishments of advisory committees;(2) Assigning responsibility for the assembly and maintenance of the reports, records, and other papers of advisory committees; and(3) Carrying out, on behalf of the Department, the provisions of Section 552 of title 5, United States Code, with respect to such reports,records, and other papers. b The Office of Personnel (OP) provides staff support for the CMO by:(1) Maintaining systematic information on the nature, functions,and operations of each advisory committee, including a complete set of charters and annual reports for advisory committees;(2) Filing advisory committee charters with the appropriateCongressional committees, the Library of Congress, and the CommitteeManagement Secretariat;(3) Maintaining membership lists for all advisory committees;

DR 1041-001 February 8, 1993(4) Complying with advisory committee management reportingrequirements; and(5) Providing advice and guidance on the establishment, renewal,utilization, management, and reporting of all advisory committees.c The Office of Finance and Management (OFM) provides staff assistance in the preparation, implementation, and monitoring of all non-ForestService advisory committee budgets by:(1) Consulting with agencies regarding the presentation of proposed committee budgets. A consolidated budget will be compiledfor all non-Forest Service agencies and presented to the CMO, theOffice of Management and Budget, and Congress;(2) Consulting with the CMO, once the appropriation for advisorycommittees has been received, and then allocating funds to theappropriate Under Secretary or Assistant Secretary for the operation of committees within respective functional areas; and(3) Issuing instructions to agencies for the preparation of quarterlyreports indicating current rates of expenditure and forecasted fundrequirement projections. These reports will be consolidated, andrecommendations regarding reallocation of funds will be made to theCMO.d Agency heads are responsible for providing an orderly procedure for:(1) Establishing or terminating advisory committees and providing guidance for the selection of members;(2) Adhering to the law and regulations governing the use of advisory committees;(3) Designating for any advisory committee a central location for the assembling and maintenance of the reports, records, and other papers of the advisory committee for public inspection and copying;(4) Conducting periodic reviews of advisory committee activities;(5) Maintaining an adequate advisory committee control system,including maintaining records of all advisory committees sponsored bythe agency;(6) Submitting Form AD-241, Committee Control Record(Appendix A), and Form AD-742, Transfer and Adjustment Voucher (Appendix B), for all advisory committees; and(7) Appointing a designated agency official for each advisorycommittee.

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USDA: DR1041-001

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